Sec. 4. (a) The facility shall provide a program for developmentally disabled individuals, which assures the following:

(1) There is a designated staff member qualified by a minimum of two (2) years experience with developmentally disabled individuals, or through completion of the council approved training program on developmental disabilities, who is responsible for the program. If the designated staff member does not qualify as a qualified mental retardation professional, as defined in 410 IAC 16.2-1-32, the designee must be supervised by a qualified mental retardation professional or the facility must have a consultant qualified mental retardation professional.

(2) The designated staff member is responsible for the development and implementation of the habilitation program that shall include an assessment of need for community services and a care habilitation plan based upon a diagnostic screening.

(3) The habilitation plan that comprises the developmental component of the care plan, or in residential care the individual needs assessment, shall be reviewed and updated in accordance with the scheduled review of the overall care plan or as changes in the resident's condition indicate.

(4) Sheltered workshop programs, adult day activity programs, work activity programs, and work adjustment programs designed to meet the developmental program needs of developmentally disabled persons shall be provided outside the facility and in other community settings. These programs shall be provided by community resources whose programs are approved by the Indiana state department of public welfare in consultation with the Indiana department of mental health. A facility is in compliance with this rule, even if it is unable to obtain developmental programs from approved community resources, if:

(A) the facility has documented that it will arrange for the provision of the services from a community resource, and the community resource is willing to provide the programs and has developed a plan for implementation within a mutually agreed upon time frame; or

(B) the facility has documented that a community resource is unavailable or is unwilling to provide the services.